
The soldiers of the provincial command of the Guardia di Finanza of
Chieti, under the direction of the local Public Prosecutor's Office,
have concluded a complex judicial police activity
to combat the phenomenon of fraudulent administration of
in the road freight transport sector. The transaction
brought to light an articulated system of fraud, of a
transnational tax evasion, aimed at tax and social security evasion: a
mechanism of transnational caporalato and social dumping which,
starting from Abruzzo, has taken on projections and relevance of
national character.
The investigation revealed the first well-founded suspicions of employment
irregular labour of non-EU labour, mainly
Albanian nationality, by some companies
theatines who used the institution of detachment in an instrumental way
legal procedure under which a company
foreign company temporarily "loans" its
employees (who are supernumerary at that time) to
another company, for example Italian, to carry out a certain
work. According to Italian law, these workers must be
guaranteed the same wages and rights as workers
Italians.
The investigations, carried out in concert with the financial offices
Albanians, instead showed that the contracts were completely
fictitious companies: the foreign companies that seconded staff were in
reality mere screen society ("letter box
company") without a real operational structure. They served,
So, just as a legal cover to recruit drivers, pay them
much less than necessary and not paying taxes and contributions to INPS,
creating unfair competition between companies in the sector and
exploiting workers. Formal documentation (contracts,
communications, etc.), acquired in the course of the activity
investigative administration, therefore hid a real administration
fraudulent labour of labour, from which they unduly benefited
Italian companies in terms of lower costs of nature
contribution-social security, welfare and taxation. Consequently,
Italian companies have been identified as the actual and
exclusive employers of the workers, in favour of whom
they should have complied with the obligations of national law
through the establishment of a regular employment relationship
subordinate with the drivers who, therefore, have been qualified
as "black" employees.
As a result of the investigative activity, the following were found to be
18 companies were involved, four of which were under foreign law and
five operating in the Chieti area. The latter were charged
violations of the administrative liability of
bodies for the failure to adopt internal anti-crime protocols.
According to national law, if managers commit offences to
advantage of the company, even the company itself is
investigated and sanctioned if it does not demonstrate that it has prepared
adequate prevention rules.
The total budget of the operation is 14 people
referred to the judicial authorities, of tax evasion of
about six million euros to the Teatine clubs alone
direct and indirect taxes, the issuance of invoices for
non-existent transactions totalling over 3.5 million
euro and 95 undeclared job positions identified, with a
estimated social security and welfare contribution evasion
a total of over 1.2 million euros.